Weaver v. Gardner
Supreme Court of Kansas
Error from Greenwood District Court. The district court, at the October Term 1873, overruled Mrs. Weaver’s motion to vacate a decree of foreclosure, and set aside a sale; and from this order she appeals.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Defendant in error brought his action in the district court of Greenwood county against Barrett Weaver and Lucy J. Weaver. He set up in his petition two notes signed by Barrett Weaver, and alleged the execution of a mortgage on certain real estate by both the defendants to secure them. A summons was issued and duly served upon both the defendants. Neither of them made any appearance, and a judgment was taken against both for the amount of the notes, and a decree entered against both for the foreclosure of the mortgage. An order of sale was…
2Cases cited2 opinions
- George v. HattonSupreme Court of Kansas · 1864
- Williams v. HamlinOhio Superior Court, Cincinnati · 1854
3Cited by2 opinions
- Horton v. HainesSupreme Court of Oklahoma · 1909
- Knowles v. ArmstrongSupreme Court of Kansas · 1875